Latest Legal Updates from Kervin & Barnes

At Kervin & Barnes, we believe in being up-to-date with the latest in employment law and regularly send out employment law update newsletters.

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£1.22 million for unfair dismissal

5 February 2016

An Employment Tribunal in Birmingham found that University Hospitals Coventry and Warwickshire NHS Trust unfairly dismissed Dr Raj Mattu by reason of his whistleblowing. Dr Mattu secured damages of £1.22 million from the Trust after a six-year legal battle and concerns that went back 15 years. His protected disclosures related to hospital over-crowding and associated […]

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Taxation of payments for “injury to feelings”

29 January 2016

Moorthy v Commissioners for HM Revenue and Customs The Tax and Chancery Chamber of the Upper Tribunal (TCC) held a sum paid to an employee under a settlement agreement in respect of injury to feelings was not exempted from income tax under S.406 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA). The Employment […]

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2015 Round up

22 January 2016

At the end of 2015 we gave a seminar to the CIPD rounding up the key employment law cases and matters of the year. If you would like to see a summary of the content from that event – please click through to Legal Updates.

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Whistleblowing in Mayfair

21 April 2015

Whistleblowing cases have frequently hit the headlines recently and often they involve the Financial Services Sector.  Public Concern at Work, the whistleblowing charity, conducted a survey of whistleblowers within the financial services sector between 2007 and 2012.  They found that whistleblowing in the financial services sector can be more challenging than in any other sector […]

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NEWSFLASH: Are you ready for the share?

31 March 2015

Time for a brief reminder of the employment law issue about to hit you very soon: Additional Paternity Leave is being thrown out of the window but parents will be able to take Shared Parental Leave instead.

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Equal Pay – Update

23 January 2015

Equal Pay Update – January 2015 Bonus season is approaching and some employees will inevitably get paid more than others.  Sometimes there is a good reason, but what about if the reason is gender? The Law Since 1970, men and women have been entitled to equal pay for equal work (that is: like work, work […]

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Employment Appeal Tribunal Judgment – Holiday Pay

6 November 2014

The recent Employment Appeal Tribunal (EAT) judgment delivered on Tuesday, 4 November 2014, in relation to holiday pay has been much reported and its ramifications greatly speculated.  A significant concern for a number of businesses, and specifically firms in the city, is that the judgment will apply to bonuses and commission payments which will see […]

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Unfair Dismissal: Sharon Shoesmith & Haringey Council

29 October 2014

A recent documentary on Haringey Council and the Baby P scandal which included reports on Sharon Shoesmith’s drawn out legal claim, was recently aired on BBC 1. Much of the reporting around the case has been inaccurate and has confused her claims. We have set out below a summary of her claims and the reported […]

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Unfair Dismissal: Some Other Substantial Reason – Part three

15 October 2014

In the final part of our series on SOSR dismissals, we look at the procedure necessary to effect a fair dismissal. In 2010 the Employment Tribunal (ET) in Cummings v Siemens Communications Ltd dealt with whether the ACAS Code should be applied to SOSR dismissals.  The ET found that even though SOSR dismissals are not expressly covered […]

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Unfair Dimissal: Some Other Substantial Reason – Part Two

8 October 2014

In part 2 of a 3 part series on SOSR dismissals, we look at some examples of situations held to be SOSR. Breakdown in relations The case of Ezsias v North Glamorgan NHS Trust established that a breakdown in relations can be classified as SOSR.  In this case Mr Ezsias was dismissed due to a breakdown in […]

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